SRA Handbook

Our decisions

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Version 16 of the Handbook was published on 01/04/2016. For more information, please click 'History' Above

Regulation 6: Our decisions

6.1

If we:

(a)

are satisfied that you have complied with the SRA Training Regulations, the QLTR or the QLTSR; and

(b)

are satisfied as to your character and suitability to be a solicitor;

we shall issue you with a certificate of satisfaction in accordance with section 3(1) of the Solicitors Act 1974.

Guidance note

(i)

We will satisfy ourselves as to your character and suitability in a number of ways. These will include, but are not limited to, Disclosure and Barring Service disclosures as well as self-disclosure in accordance with the SRA Suitability Test.

6.2

In any case where we refuse to issue a certificate of satisfaction under regulation 6.1 we shall notify you to this effect stating the grounds for refusal within one month of you complying with all reasonable requirements we make in respect of the application.

6.3

If we refuse to issue a certificate of satisfaction for either reason given in regulation 6.1(a) or (b), you may apply to us in writing for a review of the decision within one month of receiving notification of the refusal.

6.4

Once the deadline in regulation 6.2 has passed without us issuing a certificate of satisfaction or notifying you of refusal, the application is deemed, for the purpose of any appeal, to have been refused and refusal notified to you on that date.

6.5

Where we refuse or fail to issue a certificate of satisfaction under regulation 6.1, except where you have established eligibility under regulation 4 of the QLTR, or regulation 2 of the QLTSR pursuant to Directive 2005/36/EC or the Establishment Directive, and we have upheld that refusal or deemed refusal following a review under regulation 6.3, you may appeal under this regulation to the High Court, which may:

(a)

affirm our decision;

(b)

direct us to issue a certificate of satisfaction to you; or

(c)

make such recommendations to us as the High Court thinks fit.

6.6

If you have established eligibility pursuant to:

(a)

Directive 2005/36/EC, you have the right to appeal to the High Court under regulation 36 of the European Communities (Recognition of Professional Qualifications) Regulations 2007; or

(b)

the Establishment Directive, you have the right to appeal to the High Court under regulation 35 of the European Communities (Lawyer's Practice) Regulations 2000;

within three months of receiving notification or deemed notification of our refusal, against refusal or deemed refusal of a certificate of satisfaction.